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PEOPLE EX REL. DUNN v. McMANN

23 A.D.2d 510 (1965)

The People of the State of New York ex rel. Paul Dunn, Also Known as Patrick Joseph Dunn, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 6, 1965

REYNOLDS, J.

Relator's petition makes no mention whatsoever of any prior application for the relief sought herein. CPLR 7002 (subd. [c], par. 6) specifically requires that the petition set forth every previous application for the writ. This provision is designed to apprise the courts of successive writs based on the same contention (CPLR 7003, subd. [b]; People ex rel. Warncke v. Johnston, 12 A.D.2d 848). While...

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